Bankstown Airport Limited

[2013] FWCA 4735

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Bankstown Airport Limited
(AG2013/1782)

BANKSTOWN AIRPORT LIMITED CORPORATE SPECIALISTS ENTERPRISE AGREEMENT 2013

Airport operations
COMMISSIONER CAMBRIDGE	SYDNEY, 16 JULY 2013

Application for approval of the Bankstown Airport Limited Corporate Specialists Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Bankstown Airport Limited Corporate Specialists Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bankstown Airport Limited (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 2 July 2013. The application included a Statutory Declaration of Colin Robert Grove made on behalf of the Employer and dated 2 July 2013, (the Declaration). The Declaration stated that the Agreement was made on 25 June 2013. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 16 July 2013. I note that the Agreement contains a flexibility term at clause 13 and a consultation term at clause 14.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 23 July 2013. The nominal expiry date of the Agreement as specified in clause 5.1 of the Agreement, is 1 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Bankstown Airport Limited, the Australian Industrial Relations Commission was tasked with approving the Bankstown Airport Limited Corporate Specialists Enterprise Agreement 2013. The dispute arose between the employer, Bankstown Airport Limited, and its employees represented by the Transport Workers Union of Australia. The primary issue before the commission was whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, particularly in relation to the process followed in reaching the agreement and its compliance with the enterprise bargaining obligations.

The court examined the procedural fairness of the agreement, focusing on whether the necessary steps had been taken to allow for genuine negotiation and whether the agreement was genuinely made by the parties involved. Additionally, the commission assessed the substantive provisions of the agreement to ensure it complied with the minimum standards set by the Fair Work Act. This included verifying that the agreement addressed the key matters of employment, such as wages, hours of work, and other conditions of employment, and that it did not include any terms that were contrary to public policy or had an unfair detriment.

The commission found that the process of reaching the agreement was procedurally sound, with adequate steps taken to ensure genuine negotiation. The substantive terms of the agreement were also found to be compliant with the statutory minimum standards, providing adequate protections for the employees. Consequently, the commission approved the Bankstown Airport Limited Corporate Specialists Enterprise Agreement 2013, recognising it as meeting the requirements of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established